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Unrestricted Rights: As a patient in this hospital, you have the right to:
- 1. Be free from discrimination on the basis of race, color, national origin, sex, age, or handicapping condition. If you are handicapped, you will have access to available rehabilitation services as needed to restore your capabilities to the fullest extent possible. If you are hearing impaired, you are entitled to the services of an interpreter.
- 2. Live as normally as possible in a safe, esthetic, and humane environment that preserves your dignity and privacy while meeting your basic health and hygiene needs. The hospital will provide: a balanced, nutritionally adequate diet every day and assistance with feeding, if needed; adequate bath and toilet facilities with linens, towels, toothpaste, and soap; opportunities for showers or tub baths at least daily with individualized bathing schedules, when possible; regular access to the services of a barber or beautician; personal grooming aids and clothing, if you are unable to purchase your own; as much as possible, a quiet atmosphere during scheduled sleeping hours for uninterrupted sleep; and access to areas for personal privacy.
- 3. Be free from corporal punishment, abuse, neglect, or exploitation by staff.
- 4. Be considered legally competent and exercise all civil rights including disposal of property, voting, marrying, etc. unless a court according to state law has adjudicated you incompetent. If you are adjudicated incompetent, you will be restored to legal competency when you are capable of doing so. If guardianship becomes an issue, you will be informed of hospital policies about this, and participate as much as possible in all decisions affecting you.
- 5. Communicate and consult with legal counsel, private physicians, and private Mental Health/Developmental Disabilities/ Substance Abuse professionals of your own choice and at your own expense. You may also consult with the legal assistance services available in the hospital if you do not have money for a private attorney. Information about this service is posted on all wards.
- 6. Consult with Patient Advocacy Services located at the hospital.
- 7. Send and receive sealed, uncensored mail. The schedule for collecting and distributing mail is posted on every ward. You may receive limited amounts of postage and writing materials from the hospital, if you do not have money to purchase these. Ward staff is available to assist you in writing and posting mail if needed. If staff has reason to suspect that your mail contains a dangerous or illegal object, you will be asked to open your mail in the presence of an employee. If you refuse, staff will open your mail in your presence and returned to you when it is determined that no safety hazard exists. Staff is authorized to confiscate any item that could be dangerous to you or other patients.
- 8. Receive pay for work done of value to the facility with the exception of limited housekeeping duties in your personal living space.
9. Receive appropriate evaluation and treatment in the least restrictive environment.
You will receive a mental status exam and a physical exam, including lab studies as appropriate within twenty-four hours of admission. Your treatment team will develop an individualized treatment plan within ten days after your admission. You or your guardian may request a copy of your treatment plan. Your treatment plan will be evaluated at least quarterly. You, your guardian, or if requested, the Patient's Advocate are encouraged to participate in the formulation of your treatment plan. You or your guardian have the right to request an in-house review of your treatment plan, or the opinion of someone outside the hospital, providing you assume the cost involved. Prior to implementation of the treatment plan, you and your guardian shall be informed of the benefit(s) and potential risk(s) of treatment choices. Your treatment records will be safeguarded against any unauthorized publicity or use. There are specific situations when information about you can be released without the express consent of you or your legally responsible person. These situations are part of North Carolina Laws (G.S. 122C-52 through 122C-56). You will not be subjected to unwarranted physically restrictive treatment. If your behavior threatens injury to yourself or another person or if you are substantially damaging property, the use of restrictive procedures may be necessary. Your treatment team may decide to use a restrictive procedure as a measure of therapeutic treatment. The reasons for use of a restrictive procedure will be documented in your treatment record. You may identify a person to be notified of each use of a restrictive procedure. If you have been adjudicated incompetent, your guardian can request such notification. You will not be given unnecessary or excessive medications, nor will medication be used as punishment or for staff convenience. Medication will not be given to you without a written order by a qualified physician. Treatment involving electroshock therapy, experimental drugs or procedures, or surgery other than emergency surgery will not be administered without your or your guardian's express and informed written consent. Such consent may be withdrawn at any time. You will receive prompt medical and dental evaluation and treatment as needed and annual physical and dental exams, if you are still hospitalized. Except in case of transfer for emergency medical or surgical treatment, you will not be transferred to another North Carolina State Mental Health facility without receiving, within a reasonable time, written notice that will include the reason for the transfer. If applicable, your guardian or your next of kin will also be notified, with your consent. In case of transfer to another facility for emergency treatment, your guardian or next of kin will be notified. Before you are discharged, your treatment team will develop, with you and your family, if appropriate, a written aftercare plan stating what, if any, treatment you will need to continue and where you can get service(s) in the community. A copy of this plan will be given to you or your guardian.
10. Be provided, upon your request, the policy specifying procedures to be taken upon death of a patient. 11. If you have not been adjudicated incompetent, you may designate an individual to be notified in each instance of an initial restriction or renewal of restriction of rights and of reasons for the restriction. If you have been adjudicated incompetent, the individual legally responsible for you shall be notified of each instance of an initial restriction or of the renewal of the restriction and of the reason for it. 12. Receive information about advance directives. Provide information about your own advance directives. Request information about the formulation of advance directives (Handout: Medical Care Decisions and Advance Care Decisions: What You Should Know). 13. You have the right to accept medical care or to refuse treatment to the extent permitted by law and to be informed of the medical consequences of such refusal (Handout: Medical Care Decisions and Advance Care Decisions: What You Should Know).
Rights Subject to Restrictions: In addition to the rights already listed that cannot be restricted, you have certain rights that your physician and treatment team can restrict as part of your treatment when it is in your best interest. If any of the rights listed below are restricted, this will be documented in your chart. Your treatment team will explain the reasons to you. Your treatment plan will be evaluated every seven days while the restriction is in effect. This will not continue for more than 30 days, unless the treatment team determines an extension is needed.
These rights include the right to:
1 Be out of doors daily, and have access to facilities and equipment for physical exercise several times a week if you desire. 2. Keep and use your own clothing, reasonable amount of money, and personal possessions under appropriate supervision and in accordance with Federal and State safety regulations.
Valuable property, such as legal documents, very expensive jewelry, etc., should be left with your family. The hospital will provide safekeeping for your clothing and other personal possessions. For safety reasons, you will not be allowed to keep potentially dangerous items, such as knives, cigarette lighters, drugs, or alcohol. You may maintain your money in financial accounts outside the hospital if you so desire, or the hospital will establish a personal account for you to draw on while hospitalized. The amount of cash you may have at any time will be limited, for your protection, depending on your treatment program and your clinical condition. This amount is usually $20. Unless you are hospitalized for less than 30 days or you are in the Medical/Surgical area, you may decorate your personal living space in a suitable manner. These decorations must not damage the physical structure or cause embarrassment or discomfort to other patients or staff.
3. Have access to individual storage space for your own use. If the staff has reason to suspect that you or other patients possess dangerous or illegal objects, the ward, including your possessions and living space, will be searched. Your personal possessions will not be searched in your absence unless there is an immediate danger of personal injury. You will be informed of any of your personal belongings that have to be confiscated by the hospital for your own or others' safety and well-being. If you wish more information on the hospital's search and seizure policy, feel free to ask. 4. Participate in religious worship of your choice in the hospital or community. Hospital chaplain is available to visit you on your ward, at your request, if you cannot leave the ward due to your clinical condition. 5. Make and receive confidential telephone calls provided that you pay for them or make them collect to the receiving party. 6. Receive visitors of your choice between the hours of 1 PM to 4 PM and from 6 PM to 9 PM. Please note, however, that visiting will not take precedence over therapies. Therefore, visitors are encouraged to use evening visiting hours during weekdays (Monday thru Friday). 7. Make visits outside the hospital unless your clinical condition is such that this would not be in your best interest; you have been admitted for a court ordered evaluation; you are here with legal restrictions on your visitations; or you are in the custody of the Department of Corrections. 8. Retain a motor vehicle driver's license unless otherwise prohibited by Chapter XX of the General Statutes.
In order to safeguard the rights of all patients, each individual patient has certain responsibilities. These are as follows:
1. To be direct and honest about everything relating to you as a patient. 2. To tell those caring for you about any changes in your health. 3. To actively participate in and follow the designed treatment plan. 4. To be considerate of and respect the rights of other patients and staff. 5. To honor and preserve the confidentiality of other patients. 6. To follow all hospital rules and regulations affecting your care. For example: maintain a clean and orderly living area; attend meals; observe smoking and other safety regulations; etc. Some of these rules and regulations are different from one living area to another. You will be notified of any changes when you arrive at a new location. 7. To be responsible for your actions if you refuse treatment or do not follow the practitioner's instructions. 8. To be subject to liability for the destruction of property in accordance with Policy 1-19, Theft or Damage by Patient, Reimbursement of. 9. To be subject for criminal charges for any activity dealing with/use of contraband - weapons, drugs, etc. 10. To be subject for criminal charges for threatening or inflicting bodily harm to another patient or staff.
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